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Personal Injury and Litigation Blogs
Big Auto Insurers Are Litigious And Have Regulatory Clout
Personal injury lawyers should be concerned about the growing market concentration of large auto insurance companies, the largest insurers’ propensity to litigate, and their influence in the Financial Services Regulatory Authority of Ontario (FSRA). Big insurers keep getting bigger and more litigious About 20 years ago, the top ten property & casualty insurers accounted for approximately 10% of the total market. That percentage grew to 33% in only five years,
Rental Vehicle “Insurance” Isn’t Always Insurance
Personal injury plaintiff counsel assessing the merits of a motor vehicle accident (MVA) can find the case complicated if a rented vehicle is involved. Whether the injured person was the driver or passenger in a rented vehicle, or was struck by a rental, raises a host of issues. In Canada, purchasing additional auto insurance from a rental company is not mandatory. Like standard auto insurance, this type of coverage is
Are Personal Injury Tribunals Constitutional?
We have written in the past about the tribunals in British Columbia and Ontario that manage some aspects of insurance disputes involving motor vehicle accident (MVA) personal injuries. BC’s tribunal has run into repeated constitutional difficulties, while Ontario’s has avoided this so far. British Columbia’s Civil Resolution Tribunal (CRT) was set up in 2016 to remove some small claims from the provincial court and some disputes from the BC Supreme
National Regulators Criticize Auto Insurers
The Canadian Council of Insurance Regulators (CCIR) is a national association of provincial and territorial governments. They recently released two related reports: their Annual Statement on Market Conduct (ASMC) and their Cooperative Fair Treatment of Customers (FTC) Review. These lay out the standards expected of insurance companies in dealing with their customers and provide data on how many insurers are meeting these standards (and to what extent) including key issues
Broad Range Of “Shadow” Pandemic Disability Claims Anticipated
Disability lawyers can expect continued demand in 2022 from various COVID-related issues. We have recently written articles about the denial of disability insurance claims related to “long-haul” COVID-19 symptoms. The “shadow” pandemic includes other lingering health issues that will affect short-term disability (STD) and long-term disability (LTD) insurance claims. According to the 2021 Benefits Canada Healthcare Survey, more than half of employer benefits plan sponsors said they anticipate different health
Auto Insurance Across Canada – UPDATE
The Insurance Bureau of Canada recently released their annual fact book. This includes a cross-Canada comparison of auto insurance systems, summarized here plus our update for Alberta. Quebec and Manitoba have government-run pure no-fault insurance regimes, with no right to sue for pain and suffering, nor for economic loss in excess of no-fault benefits. British Columbia’s new no-fault system allows claims for pain and suffering up to $5,627 for
Heads Up: Half Of Defence Lawyers Expect To Be Busier Next Year
Insurance Business Canada recently released the results of a large nation-wide survey of insurance companies and the lawyers they retain. The good news for plaintiff lawyers is that half (47%) of defence lawyers expect more work in the coming year, so you can too. The other half anticipates the same workload as this year; none expect their workload to decrease. IBC asked about the biggest legal issues facing the industry
Litigation Loans For ODSP Recipients
If any of your clients are receiving Ontario Disability Support Program benefits while waiting for an insurance settlement for personal injury, they might qualify for a loan from Nudorra Capital. Nudorra can lend up to ten per cent (10%) of the claim’s value, under certain conditions. Please note that we cannot lend funds on a Structured Settlement. The key is to maximize the amount of the settlement that ODSP does
Add Ontario to the provinces reviewing auto insurance
In 2020, Alberta released a report that looked at auto insurance across Canada and in other countries. The panel of three experts recommended a no-fault auto insurance system, like that in British Columbia. This year, Quebec’s Panel of Experts on Automobile Insurance Contributions (Conseil d’experts sur les contributions d’assurance automobile) invited the public to voice their opinions on the amendments proposed by the Société de l’assurance automobile du Québec (SAAQ)
Insurance changes make life harder for plaintiff counsel
A few years ago, we asked Ontario lawyers about the increasing difficulty of practising personal injury law, given the province’s changes to automobile insurance. Recent changes by the British Columbia and Alberta governments are creating similar problems for plaintiff personal injury lawyers in Western Canada. We interviewed Marc Spivak, a partner at Devry Smith Frank LLP in Toronto, for our last article. The trends he identified then have continued, in